Byline:

Peter J. Shurn III

Issue:

VOL. XXV • Summer 2008 • NO. 3 (table of contents)

Cite as:

25 John Marshall J. of Comp. & Info. Law 513

Abstract:

Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.

Author Footnote:

Mr. Shurn has an LL.M. in Patent and Trade Regulation Law from The National Law Center, George Washington University, a J.D., magna cum laude from New England School of Law, a B.S.E.E., magna cum laude fromThe Polytechnic Institute of Brooklyn. He was also a Technical Advisor to Honorable Helen W. Nies of the Court of Customs and Patent Appeals (now the Court of Appeals for the Federal Circuit) from 1980-81. Mr. Shurn was a partner of Arnold, White & Durkee (and its successor, Howrey, Simon, Arnold & White from 1981-2001, an Adjunct Professor at South Texas College of Law from 1983-88, 2000-present, and worked in private practicefrom (2001-present. He is listed in Who’s Who in America, Who’s Who in American Law. The author may be reached at: pjshurn@ieee.org.

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• Curbing Copyright Infringement in Cyberspace: Using MediaKey to Stop the Bleeding

• The Copyright and Trade Secret Protection of Communication Software: Placing a Lock on Interoperability

• Copying to Compete: The Tension Between Copyright Protection & Antitrust Policy in Recent Non-Literal Computer Program Copyright Infringement Cases

• An Analysis That is Not "Ad Hoc": The Bifurcated Uniform Analysis That The Federal Courts Should Follow to Determine Computer Program Copyright Non-literal Infringement